INDIAN POLITY

INDIAN POLITY:

 INDIAN POLITY

Part I	The Union and its Territory	Article (1 to 4)
Part II	Citizenship	Article (5 to 11)
Part III	Fundamental Rights	Article (12 to 35)
Part IV	Directive Principles of State Policy	Article (36 to 51)
Part IVA	Fundamental Duties	Article (51A)
Part V	The Union	Article (52 to 151)
Part VI	The States	Article (152 to 237)
Part VII	The States in Part B of The First Schedule	Article (238)
Part VIII	The Union Territories	Article (239 to 243)
Part IX	Panchayats	Article (243 to 243O)
Part IXA	Municipalities	Article (243P to 243ZG)
Part X	The Schedule and Tribal Areas	Article (244 to 244A)
Part XI	Relations between the Union and the States	Article (245 to 263)
Part XII	Finance, Property, Contracts, and Suits	Article (264 to 300A)
Part XIII	Trade, Commerce, and Intercourse within the Territory of India	Article (301 to 307)
Part XIV	Service under the Union and the States	Article (308 to 323)
Part XIVA	Tribunals	Article (323A to 323B)
Part XV	Elections	Article (324 to 329A)
Part XVI	Special Provisions Relating to Certain Classes	Article (330 to 342)
Part XVII	Official Language	Article (343 to 351)
Part XVIII	Emergency Provisions	Article (352 to 360)
Part XIX	Miscellaneous	Article (361 to 367)
Part XX	Amendment	Article (368)
Part XXI	Temporary, Transitional, and Special Provisions	Article (369 to 392)
Part XXII	Short Title, Commencement, Authoritative Text in Hindi and Repeals	Article (393 to 395)

Union and Its Territory (Article 1 – 4)

The constitution is nothing but a legal document and the Indian constitution is the supreme law of India. It explains the various players who are in authority in the country, their power and limits of their power. It also defines the fundamental rights and duties of citizens. World’s largest constitution presently having 448 articles in 25 parts and 12 scheduled. But it had 395 articles in 22 parts and 8 schedules in commencement time. Part 1 of the Constitution is titled as The Union and its Territory. These parts come under articles from 1 to 4. Let’s discuss the union and its territory in detail.

Union and Its Territory (Article 1 – 4)

Articles 1 to 4 under Part I of the Constitution explains the Union and its Territory.

Article 1:

Article 1(1) states that India, that is Bharat, shall be a Union of States.

Article 1(2) states that the States and the territories will be specified in the First Schedule.

Article 1(3) states that the territory of India will comprise the following −

1.  The territories of the States;
2.  The Union territories mentioned in the First Schedule; and
3.   Such other territories as may be acquired.

Article-1 describes India as a ‘Union of States’. Dr. B.R. Ambedkar said that the Indian federation was a “Union” because it was indissoluble, and no State had a right to separate from the Indian Union. The country is one integral unit beside the fact that it consists of different states for the convenience of administration.

The phrases ’ Union of India’ and ‘Territory of India’ has to be differentiated. The Union of India includes only the States enjoying the Status of being members of the federal system and sharing the powers with the Union.

The territory of India includes not only the States but also the Union Territories and such other territories as may be acquired by India in future. First Schedule of the Constitution has specified states and the Territories both.

Article – 2:

It deals with admission or establishment of new States. Parliament may by law admit into the Union, or establish, new States based on terms and conditions.

Article- 3:

It states that the Parliament may by law form a new State by separation of a territory from any State or by uniting two or more States completely or in parts or by uniting any territory to a part of any State. It deals with the following:

• Formation of new States
• Alteration of areas of States
• Boundaries or names of existing States

Thus Parliament can increase or diminish the area of any State or can alter the boundaries or names of any State. Parliament follows the following procedures in this regard.

Step-1: Either House of the Parliament, only on the recommendation of the President, can introduce a Bill giving effect to any or all the changes stated above.

Step-2: If such a bill affects the boundary or name of a State, then the President will refer the Bill to the concerned State Legislature before introducing it in the Parliament for their opinion.

Step-3: If the State Legislature fails to express an opinion within the given time limit then it is deemed that it has expressed its views. Parliament is not bound to accept or act upon the views of the State Legislature even if State has submitted their views within the time period.

In the case of Union Territories, it is not necessary to seek the views of Legislatures of Union Territories before such Bill.

Article-4:

It says that any law referred to in Article-2 or Article-3 will contain such provisions for the amendment of the Ist  Schedule and the IVth Schedule necessary to provide effects to the provisions of law and may also contain such supplemental, incidental, and consequential provisions, as the Parliament may deem necessary.

This Article allows for consequential changes in the Ist Schedule i.e. names of the States in the Union of India and IVth  Schedule i.e. a number of seats allotted in the Rajya Sabha for each state. Constitution will not treat any such law altering existing States or creating a new State, as the amendment.

Solved Example on Territory

Article-3 is the further extension of Article-2 with added features. Comment on it.

Answer:

Article-2 is related to the admission or establishment of new states that are not part of India. Thus this Article provides power to create a new state beyond the present territory. On the other hand, Article-3 deals with the establishment or creation of new states after the reorganization of existing states which are already parts of India. Article-3 thus demonstrates the vulnerability and dependence of the States’ territorial integrity on the Union.

Part II of the Constitution of India (Articles 5-11) deals with the Citizenship of India.

Article 5 speaks about the citizenship of India at the commencement of the Constitution (Nov 26, 1949). Article 11 gave powers to the Parliament of India to regulate the right of citizenship by law. This provision resulted in the enactment of Citizenship Act 1955 by the Indian Parliament.

ARTICLE 5 : CITIZENSHIP AT THE COMMENCEMENT OF THE CONSTITUTION

At the commencement of this Constitution, every person who has his domicile in the territory of India and –
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.

ARTICLE 6: RIGHTS OF CITIZENSHIP OF CERTAIN PERSONS WHO HAVE MIGRATED TO INDIA FROM PAKISTAN

Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if –
(a) he or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and
(b)(i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or
(ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government:
Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.

ARTICLE 7: RIGHTS OF CITIZENSHIP OF CERTAIN MIGRANTS TO PAKISTAN

Notwithstanding anything in articles 5 and 6, a person who has after the first day of March 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:
Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of Article 6 be deemed to have migrated to the territory of India after the nineteenth day of July

ARTICLE 8: RIGHTS OF CITIZENSHIP OF CERTAIN PERSONS OF INDIAN ORIGIN RESIDING OUTSIDE INDIA

Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

ARTICLE 9: PERSONS VOLUNTARILY ACQUIRING CITIZENSHIP OF A FOREIGN STATE NOT TO BE CITIZENS

No person shall be a citizen of India by virtue of article 5 or be deemed to be a citizen of India by virtue of article 6 or article 8 if he has voluntarily acquired the citizenship of any foreign State.

ARTICLE 10: CONTINUANCE OF THE RIGHTS OF CITIZENSHIP

Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.

ARTICLE 11: PARLIAMENT TO REGULATE THE RIGHT OF CITIZENSHIP BY LAW

Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

Info-bits related to Citizenship of India

1. The conferment of a person, as a citizen of India, is governed by Articles 5 to 11 (Part II) of the Indian Constitution.
2. Apart from the above Articles of the Indian Constitution, citizenship is also deeply connected with the Citizenship Act, which is passed by the Indian Parliament in 1955.
3. Citizenship Act 1955 speaks about the citizenship of India after the commencement of the Constitution. It is an act to provide for the acquisition and termination of Indian citizenship.
4. The legislation related to this matter is the Citizenship Act 1955, which has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, the Citizenship (Amendment) Act, 2005, and the Citizenship (Amendment Act, 2019).
5. Acquisition of Indian Citizenship as per Citizenship Act 1955: Indian Citizenship can be acquired under the following ways : (1) Citizenship at the commencement of the constitution of India (2) Citizenship by birth: NB – This provision has different clauses for different periods (3) Citizenship by descent (4) Citizenship by registration (5) Citizenship by naturalization.
6. Termination of Indian Citizenship as per Citizenship Act 1955: One can lose citizenship of India in three ways – Renunciation, Termination and Deprivation
7. Persons domiciled in the territory of India as on 26 November 1949 automatically became Indian citizens by virtue of the operation of the relevant provisions of the Indian Constitution coming into force. (Citizenship at the commencement of the constitution of India.)
8. Any person born in India on or after 26 January 1950, but prior to the commencement of the 1986 Act on 1 July 1987, is a citizen of India by birth.  [Citizenship by birth]
9. A person born in India on or after 1 July 1987 is a citizen of India if either parent was a citizen of India at the time of the birth. [Citizenship by birth]
10. Those born in India on or after 3 December 2004 are considered citizens of India only if both of their parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at the time of their birth. [Citizenship by birth].
11. Indian nationality law largely follows the jus sanguinis (citizenship by right of blood) as opposed to the jus soli (citizenship by right of birth within the territory).
12. Article 9 of Indian Constitution says that a person who voluntarily acquires citizenship of any other country is no longer an Indian citizen. Also, according to The Passports Act, a person has to surrender his Indian passport if he acquire citizenship of another country, it is a punishable offense under the act if he fails to surrender the passport.
13. Persons of Indian Origin (PIO) Card: A PIO card applicant has to be a person of Indian origin who is a citizen of any country, other than Pakistan, Bangladesh, Sri Lanka, Bhutan, Afghanistan, China and Nepal; or a person who has held an Indian passport at any time or is the spouse of an Indian citizen or a person of Indian origin;
14. Overseas Citizen of India (OCI) card: OCI Card is for foreign nationals who were eligible to become a citizen of India on 26.01.1950 or was a citizen of India on or after that date. Applications from citizens of Bangladesh and Pakistan are not allowed.
15. Overseas Indian Card: A new Bill is pending in Parliament [The Citizenship (Amendment) Bill], which seeks to do away with the existing overseas citizen of India (OCI) card and the person of Indian origin (PIO) card, and replace them with a new overseas Indian card.
16. While PIO cardholders do not require a separate visa and can enter India with multiple entry facility for 15 years; the OCI card is multiple entries, multi-purpose lifelong visa for visiting India. OCI card-holders have parity with non-resident Indians in respect of economic, financial and educational matters except in acquiring agricultural land.
17. A PIO cardholder is required to register with local Police authorities for any stay exceeding 180 days in India on any single visit.
18. OCI is not dual citizenship. There are no voting rights for an OCI cardholder.
19. The President of India is termed the first Citizen of India.

Part III of the Indian Constitution talks about Fundamental Rights.

The fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity.

All people, irrespective of race, religion, caste or sex, have been given the right to move the Supreme Court and the High Courts for the enforcement of their fundamental rights. There are seven categories of Fundamental Rights (FR) which are covered from Articles 12-35.

ARTICLE 12 : DEFINITION

In this Part, unless the context otherwise required, “the State” includes the Governmental and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

ARTICLE 13 : LAWS INCONSISTENT WITH OR IN DEROGATION OF THE FUNDAMENTAL RIGHTS

(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
(3) In this article, unless the context otherwise required, – (a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;
(b) “laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.

ARTICLE 14 : EQUALITY BEFORE LAW

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

ARTICLE 15 : PROHIBITION OF DISCRIMINATION ON GROUNDS OF RELIGION, RACE, CASTE, SEX OR PLACE OF BIRTH

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on ground only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to –
(a) access to shops, public restaurants, hotels and places of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained whole or partly out of State funds or dedicated to the use of general public.
(3) Nothing in this article shall prevent the State from making any special provision for women and children.
(4) Nothing in this article or in clause (2) or article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

ARTICLE 16 : EQUALITY OF OPPORTUNITY IN MATTERS OF PUBLIC EMPLOYMENT

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
(4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.
(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

ARTICLE 17 : ABOLITION OF UNTOUCHABILITY

“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.

ARTICLE 18 : ABOLITION OF TITLES

(1) No title, not being a military or academic distinction, shall be conferred by the State.
(2) No citizen of India shall accept any title from any foreign State.
(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.
(4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

ARTICLE 19 : PROTECTION OF CERTAIN RIGHTS REGARDING FREEDOM OF SPEECH, ETC.

(1) All citizens shall have the right –
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) to practice any profession, or to carry on any occupation, trade or business.
(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interest of the sovereignty and integrity of India or public order, reasonable restrictions on the right conferred by the said sub-clause.
(4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.
(5) Nothing in sub-clause (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Schedule Tribe.
(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to, –
(i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or
(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.

ARTICLE 20 : PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES

(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, not be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) No person accused of any offence shall be compelled to be a witness against hi

ARTICLE 21 : PROTECTION OF LIFE AND PERSONAL LIBERTY

No person shall be deprived of his life or personal liberty except according to procedure established by law.

Article 21A:  Right to education

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

ARTICLE 22 : PROTECTION AGAINST ARREST AND DETENTION IN CERTAIN CASES

(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply –
(a) to any person who for the time being is an enemy alien; or
(b) to any person who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall authorize the detention of a person for a longer period than three months unless –
(a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:
Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or
(b) such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).
(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.
(6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.
(7) Parliament may by law prescribe –
(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4);
(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and
(c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).

ARTICLE 23 : PROHIBITION OF TRAFFIC IN HUMAN BEINGS AND FORCED LABOUR

(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on ground only of religion, race, caste or class or any of them.

ARTICLE 24 : PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES, ETC.

No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

ARTICLE 25 : FREEDOM OF CONSCIENCE AND FREE PROFESSION, PRACTICE AND PROPAGATION OF RELIGION

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law –
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Explanation I: The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation II: In sub-Clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

ARTICLE 26 : FREEDOM TO MANAGE RELIGIOUS AFFAIRS

Subject to public order, morality and health, every religious denomination or any section thereof shall have the right –
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with the law.

ARTICLE 27 : FREEDOM AS TO PAYMENT OF TAXES FOR PROMOTION OF ANY PARTICULAR RELIGION

No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

ARTICLE 28 : FREEDOM AS TO ATTENDANCE AT RELIGIOUS INSTRUCTION OR RELIGIOUS WORSHIP IN CERTAIN EDUCATIONAL INSTITUTIONS

(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.
(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is minor, his guardian has given his consent thereto.

ARTICLE 29 : PROTECTION OF INTERESTS OF MINORITIES

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

ARTICLE 30 : RIGHT OF MINORITIES TO ESTABLISH AND ADMINISTER EDUCATIONAL INSTITUTIONS

(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.
(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

ARTICLE 31 : COMPULSORY ACQUISITION OF PROPERTY {…}

ARTICLE 31A : SAVING OF LAWS PROVIDING FOR ACQUISITION OF ESTATES, ETC.

(1) Notwithstanding anything contained in article 13, no law providing for –
(a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or
(b) the taking over of the management of any property by the State for a limited period either in the public interest or in order to secure the proper management of the property, or
(c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or
(d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of share-holders thereof, or
(e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of and such agreement, lease or licence, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19: Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent:
Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.
(2) In this article, –
(a) the expression “estate” shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenure in force in that area and shall also include –
(i) any jagir, inam or muafi or other similar grant and in the States of Tamil Nadu and Kerala, any janmam right;
(ii) any land held under ryotwari settlement;
(iii) any land held or let for purposes of agriculture of for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;
(b) the expression “rights”, in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raiyat, under-raiyat or other intermediary and any rights or privileges in respect of land revenue.

ARTICLE 31B : VALIDATION OF CERTAIN ACTS AND REGULATIONS

Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provision thereof shall be deemed to be void, or even to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.

ARTICLE 31C : SAVING OF LAWS GIVING EFFECT TO CERTAIN DIRECTIVE PRINCIPLES

Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19; and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy:
Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.

ARTICLE 31D : SAVING OF LAWS IN RESPECT OF ANTI-NATIONAL ACTIVITIES {…}

ARTICLE 32 : REMEDIES FOR ENFORCEMENT OF RIGHTS CONFERRED BY THIS PART

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

ARTICLE 32A : CONSTITUTIONAL VALIDITY OF STATE LAWS NOT TO BE CONSIDERED IN PROCEEDINGS UNDER ARTICLE 32
{…}

ARTICLE 33 : POWER OF PARLIAMENT TO MODIFY THE RIGHTS CONFERRED BY THIS PART IN THEIR APPLICATION TO FORCES, ETC.

Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, –
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance of public order; or
(c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or
(d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c),
be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

ARTICLE 34 : RESTRICTION ON RIGHTS CONFERRED BY THIS PART WHILE MARITAL LAW IS IN FORCE IN ANY AREA

Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any person in respect of any act done by him in connection with the maintenance or restoration or order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

ARTICLE 35 : LEGISLATION TO GIVE EFFECT TO THE PROVISIONS OF THIS PART

Notwithstanding anything in this Constitution, –
(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws –
(i) With respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament; and
(ii) for prescribing punishment for those acts which are declared to be offences under this part,
and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii);
(b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.
Explanation: In this article, the expression “law in force” has the same meaning as in article 372.

Part IV of the Indian Constitution deals with Directive Principles of our State Policy (DPSP).

The provisions contained in this Part cannot be enforced by any court, but these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

The concept of Directive Principles of State Policy was borrowed from the Irish Constitution. While most of the Fundamental Rights are negative obligations on the state, DPSPs are positive obligations on the state, though not enforceable in a court of law.

ARTICLE 36: DEFINITION

In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III.

ARTICLE 37: APPLICATION OF THE PRINCIPLES CONTAINED IN THIS PART

The provisions contained in this Part shall not be enforced by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

ARTICLE 38: STATE TO SECURE A SOCIAL ORDER FOR THE PROMOTION OF THE WELFARE OF THE PEOPLE

(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

ARTICLE 39: CERTAIN PRINCIPLES OF POLICY TO BE FOLLOWED BY THE STATE

The State shall, in particular, direct its policy towards securing –
(a) that the citizen, men and women equally, have the right to an adequate means of livelihood;
(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; 
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

ARTICLE 39A: EQUAL JUSTICE AND FREE LEGAL AID

The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

ARTICLE 40: ORGANISATION OF VILLAGE PANCHAYATS

The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

ARTICLE 41: RIGHT TO WORK, TO EDUCATION AND TO PUBLIC ASSISTANCE IN CERTAIN CASES

The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

ARTICLE 42: PROVISION FOR JUST AND HUMANE CONDITIONS OF WORK AND MATERNITY RELIEF

The State shall make provision for securing just and humane conditions of work and for maternity relief.

ARTICLE 43: LIVING WAGE, ETC., FOR WORKERS

The State shall endeavor to secure, by suitable legislation or economic organisation or in any other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.

ARTICLE 43A: PARTICIPATION OF WORKERS IN MANAGEMENT OF INDUSTRIES

The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisation engaged in any industry.

ARTICLE 44: UNIFORM CIVIL CODE FOR THE CITIZEN

The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

ARTICLE 45: PROVISION FOR FREE AND COMPULSORY EDUCATION FOR CHILDREN

The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

ARTICLE 46: PROMOTION OF EDUCATIONAL AND ECONOMIC INTERESTS OF SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER WEAKER SECTIONS

The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

ARTICLE 47: DUTY OF THE STATE TO RAISE THE LEVEL OF NUTRITION AND THE STANDARD OF LIVING AND TO IMPROVE PUBLIC HEALTH

The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purpose of intoxicating drinks and of drugs which are injurious to health.

ARTICLE 48: ORGANIZATION OF AGRICULTURE AND ANIMAL HUSBANDRY

The State shall endeavour to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

ARTICLE 48A: PROTECTION AND IMPROVEMENT OF ENVIRONMENT AND SAFEGUARDING OF FORESTS AND WILDLIFE

The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.

ARTICLE 49: PROTECTION OF MONUMENTS AND PLACES AND OBJECTS OF NATIONAL IMPORTANCE

It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

ARTICLE 50: SEPARATION OF JUDICIARY FROM THE EXECUTIVE

The State shall take steps to separate the judiciary from the executive in the public services of the State.

ARTICLE 51: PROMOTION OF INTERNATIONAL PEACE AND SECURITY

The State shall endeavour to –
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in the dealings of organised people with one another; and
(d) encourage settlement of international disputes by arbitration.

 Part IVA of the Indian Constitution deals with Fundamental Duties. As of now, there are 11 Fundamental duties.

Originally, the Constitution of India did not contain these duties. Fundamental duties were added by 42nd and 86th Constitutional Amendment acts.

Citizens are morally obligated by the Constitution to perform these duties. However, like the Directive Principles, these are non-justifiable, without any legal sanction in case of their violation or non-compliance.

Article 51A: Fundamental duties

It shall be the duty of every citizen of India –
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
(k) to provide opportunities for education by the parent the guardian, to his child, or a ward between the age of 6-14 years as the case may be.

Info-bits related to Fundamental Duties

• The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year.
• Fundamental duties are applicable only to citizens and not to the aliens.
• India borrowed the concept of Fundamental Duties from the USSR.
• The inclusion of Fundamental Duties brought our Constitution in line with article 29 (1) of the Universal Declaration of Human Rights and with provisions in several modern Constitutions of other countries.
• Out of the ten clauses in article 51A, six are positive duties and the other five are negative duties. Clauses (b), (d), (f), (h), (j) and (k) require the citizens to perform these Fundamental Duties actively.
• It is suggested that a few more Fundamental Duties, namely, duty to vote in an election, duty to pay taxes and duty to resist injustice may be added in due course to article 51A in Part IVA of the Constitution. (NATIONAL COMMISSION TO REVIEW THE WORKING OF THE CONSTITUTION: A Consultation Paper on EFFECTUATION OF FUNDAMENTAL DUTIES OF CITIZENS).
•  It is no longer correct to say that Fundamental Duties enshrined in article 51A are not enforceable to ensure their implementation and are a mere reminder.  Fundamental Duties have the element of compulsion regarding compliance.
•  A number of judicial decisions are available towards the enforcement of certain clauses under Article 51A.
• Comprehensive legislation is needed for clauses (a), (c), (e), (g) and (i). The remaining 5 clauses, which are exhortation of basic human values, have to be developed amongst citizens through the education system by creating proper and graded curricular input from primary level of education to the higher and professional levels.
•  Available Legal Provisions: Justice Varma Committee was constituted in 1998 “to work out a strategy as well as the methodology of operationalizing a countrywide programme for teaching fundamental Duties in every educational institution as a measure of in-service training”. The Verma Committee was conscious of the fact that any non-operationalization of Fundamental Duties might not necessarily be the lack of concern or non-availability of legal and other enforceable provisions, but it was more a case of lacuna in the strategy of implementation.  It, therefore, thought it appropriate to list in brief some of the legal provisions already available in regard to enforcement of Fundamental Duties.  A summary of such legal provisions is given below:
• In order to ensure that no disrespect is shown to the National Flag, Constitution of India and the National anthem, the Prevention of Insults to National Honour Act, 1971 was enacted.
• The Emblems and Names (Prevention of Improper Use) Act 1950 was enacted soon after independence, inter alia, to prevent improper use of the National Flag and the National Anthem.
• In order to ensure that the correct usage regarding the display of the National Flag is well understood, the instructions issued from time to time on the subject have been embodied in Flag Code of India, which has been made available to all the State Governments, and Union territory Administration (UTs).
• There are a number of provisions in the existing criminal laws to ensure that the activities which encourage enmity between different groups of people on grounds of religion, race, place of birth, residence, language, etc. are adequately punished.  Writings, speeches, gestures, activities, exercise, drills, etc. aimed at creating a feeling of insecurity or ill-will among the members of other communities, etc. have been prohibited under Section 153A of the Indian Penal Code (IPC).
• Imputations and assertions prejudicial to the national integration constitute a punishable offence under Section 153 B of the IPC.
• A Communal organization can be declared unlawful association under the provisions of Unlawful Activities (Prevention) Act 1967.
• Offences related to religion are covered in Sections 295-298 of the IPC (Chapter XV).
• Provisions of the Protection of Civil Rights Act, 1955 (earlier the Untouchability (Offences) Act 1955).
•  Sections 123(3) and 123(3A) of the Representation of People Act, 1951 declares that soliciting of vote on the ground of religion and the promotion or attempt to promote feelings of enmity or hatred between different classes of citizens of India on the grounds of religion, race, caste, community or language is a corrupt practice.  A person indulging in a corrupt practice can be disqualified for being a Member of Parliament or a State Legislature under Section 8A of the Representation of People Act, 1951.
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PART V: THE UNION

CHAPTER I: THE EXECUTIVE

The President and Vice-President
52 The President of India

53 The executive power of the Union

54 Election of President.
55 Manner of election of President.
56 Term of office of President.
57 Eligibility for re-election.
58 Qualifications for election as President.

59 Conditions of the President’s office.
60 Oath or affirmation by the President.

61 Procedure for impeachment of the President.
62 Time of holding the election to fill the vacancy in the office of President and the term of office of person elected to fill the casual vacancy

63 The Vice-President of India.

64 The Vice-President to be ex officio Chairman of the Council of States.
65 The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.
66 Election of Vice-President.

67 Term of office of Vice-President.
68 Time of holding the election to fill the vacancy in the office of Vice-President and the term of office of person elected to fill the casual vacancy.
69 Oath or affirmation by the Vice-President.

70 Discharge of President’s functions in other contingencies.
71 Matters relating to, or connected with, the election of a President or Vice-President.
72 Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
73 The extent of executive power of the Union.
Council of Ministers
74 Council of Ministers to aid and advise the President.
75 Other provisions as to Ministers.
The Attorney-General for India
76 Attorney-General for India.
Conduct of Government Business
77 Conduct of business of the Government of India.
78 Duties of Prime Minister as respects the furnishing of information to the President, etc.

CHAPTER II: PARLIAMENT

General
79 Constitution of Parliament.
80 Composition of the Council of States.
81 Composition of the House of the People.
82 Readjustment after each census.
83 Duration of Houses of Parliament.
84 Qualification for membership of Parliament.
85 Sessions of Parliament, prorogation and dissolution.
86 Right of President to address and send messages to Houses.
87 Special address by the President.
88 Rights of Ministers and Attorney-General as respects Houses.
Officers of Parliament
89 The Chairman and Deputy Chairman of the Council of States.
90 Vacation and resignation of, and removal from, the office of Deputy Chairman.
91 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
92 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
93 The Speaker and Deputy Speaker of the House of the People .
94 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
95 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
96 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
97 Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.
98 Secretariat of Parliament.
Conduct of Business
99 Oath or affirmation by members.
100 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
Disqualifications of Members
101 Vacation of seats.
102 Disqualifications for membership.
103 Decision on questions as to disqualifications of members.
104 Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.
Powers, Privileges and Immunities of Parliament and its Members
105 Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.
106 Salaries and allowances of members.
Legislative Procedure
107 Provisions as to introduction and passing of Bills.
108 Joint sitting of both Houses in certain cases.
109 Special procedure in respect of Money Bills.
110 Definition of “Money Bills”.
111 Assent to Bills.
Procedure in Financial Matters
112 Annual financial statement.
113 Procedure in Parliament with respect to estimates.
114 Appropriation Bills.
115 Supplementary, additional or excess grants.
116 Votes on account, votes of credit and exceptional grants.
117 Special provisions as to financial Bills.
Procedure Generally
118 Rules of procedure.
119 Regulation by law of procedure in Parliament in relation to financial business.
120 Language to be used in Parliament.
121 Restriction on discussion in Parliament.
122 Courts not to inquire into proceedings of Parliament.

CHAPTER III: LEGISLATIVE POWERS OF THE PRESIDENT

123 Power of President to promulgate Ordinances during recess of Parliament.

CHAPTER IV: THE UNION JUDICIARY

124 Establishment and constitution of Supreme Court.
124A National Judicial Appointments Commission. (Declared unconstitutional by the Supreme Court, however not repealed by the Parliament)
124B Functions of Commission.
124C Power of Parliament to make law.
125 Salaries, etc., of Judges.
126 Appointment of acting Chief Justice.
127 Appointment of ad hoc judges.
128 Attendance of retired Judges at sittings of the Supreme Court.
129 Supreme Court to be a court of record.
130 Seat of Supreme Court.
131 Original jurisdiction of the Supreme Court.
131A [Repealed.]
132 Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.
133 Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to Civil matters.
134 Appellate jurisdiction of Supreme Court in regard to criminal matters.
134A Certificate for appeal to the Supreme Court.
135 Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.
136 Special leave to appeal by the Supreme Court.
137 Review of judgments or orders by the Supreme Court.
138 Enlargement of the jurisdiction of the Supreme Court.
139 Conferment on the Supreme Court of powers to issue certain writs.
139A Transfer of certain cases.
140 Ancillary powers of Supreme Court.
141 Law declared by Supreme Court to be binding on all courts.
142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
143 Power of President to consult Supreme Court.
144 Civil and judicial authorities to act in aid of the Supreme Court.
144A [Repealed.]
145 Rules of Court, etc.
146 Officers and servants and the expenses of the Supreme Court.
147 Interpretation

CHAPTER V: COMPTROLLER AND AUDITOR-GENERAL OF INDIA

148 Comptroller and Auditor-General of India.
149 Duties and powers of the Comptroller and Auditor-General.
150 Form of accounts of the Union and of the States.
151 Audit reports.

PART VI: THE STATES

CHAPTER I: GENERAL

152 Definition.

CHAPTER II: THE EXECUTIVE

The Governor
153 Governors of States.
154 Executive power of State.
155 Appointment of Governor.
156 Term of office of Governor.
157 Qualifications for appointment as Governor.
158 Conditions of Governor’s office
159 Oath or affirmation by the Governor.
160 Discharge of the functions of the Governor in certain contingencies.
161 Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
162 Extent of executive power of State.
Council of Ministers
163 Council of Ministers to aid and advise Governor.
164 Other provisions as to Ministers.
The Advocate-General for the State
165 Advocate-General for the State.
Conduct of Government Business
166 Conduct of business of the Government of a State.
167 Duties of Chief Minister as respects the furnishing of information to Governor, etc.

CHAPTER III: THE STATE LEGISLATURE

General
168 Constitution of Legislatures in States.
169 Abolition or creation of Legislative Councils in States.
170 Composition of the Legislative Assemblies.
171 Composition of the Legislative Councils.
172 Duration of State Legislatures.
173 Qualification for membership of the State Legislature.
174 Sessions of the State Legislature, prorogation and dissolution.
175 Right of Governor to address and send messages to the House or Houses.
176 Special address by the Governor.
177 Rights of Ministers and Advocate-General as respects the Houses.
Officers of the State Legislature
178 The Speaker and Deputy Speaker of the Legislative Assembly.
179 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
180 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
181 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
182 The Chairman and Deputy Chairman of the Legislative Council.
183 Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.
184 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
185 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
186 Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.
187 Secretariat of State Legislature.
Conduct of Business
188 Oath or affirmation by members.
189 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
Disqualifications of Members
190 Vacation of seats.
191 Disqualifications for membership.
192 Decision on questions as to disqualifications of members.
193 Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.
Powers, privileges and immunities of State Legislatures and their Members
194 Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.
195 Salaries and allowances of members.
Legislative Procedure
196 Provisions as to introduction and passing of Bills.
197 Restriction on powers of Legislative Council as to Bills other than Money Bills.
198 Special procedure in respect of Money Bills.
199 Definition of “Money Bills”.
200 Assent to Bills.
201 Bills reserved for consideration.
Procedure in Financial Matters
202 Annual financial statement.
203 Procedure in Legislature with respect to estimates.
204 Appropriation Bills.
205 Supplementary, additional or excess grants.
206 Votes on account, votes of credit and exceptional grants.
207 Special provisions as to financial Bills.
Procedure Generally
208 Rules of procedure.
209 Regulation by law of procedure in the Legislature of the State in relation to financial business.
210 Language to be used in the Legislature.
211 Restriction on discussion in the Legislature.
212 Courts not to inquire into proceedings of the Legislature.

CHAPTER IV : LEGISLATIVE POWER OF THE GOVERNOR

• 213 Power of Governor to promulgate Ordinances during recess of Legislature

CHAPTER V: THE HIGH COURTS IN THE STATES

214 High Courts for States.
215 High Courts to be courts of record.
216 Constitution of High Courts.
217 Appointment and conditions of the office of a Judge of a High Court.
218 Application of certain provisions relating to Supreme Court to High Courts.
219 Oath or affirmation by Judges of High Courts.
220 Restriction on practice after being a permanent Judge.
221 Salaries, etc., of Judges.
222 Transfer of a Judge from one High Court to another.
223 Appointment of acting Chief Justice.
224 Appointment of additional and acting Judges.
224A Appointment of retired Judges at sittings of High Courts.
225 Jurisdiction of existing High Courts.
226 Power of High Courts to issue certain writs.
226A [Repealed..]
227 Power of superintendence over all courts by the High Court.
228 Transfer of certain cases to High Court.
228A [Repealed.]
229 Officers and servants and the expenses of High Courts.
230 Extension of jurisdiction of High Courts to Union territories.
231 Establishment of a common High Court for two or more States.

CHAPTER VI : SUBORDINATE COURTS

233 Appointment of district judges.
233A Validation of appointments of, and judgments, etc., delivered by, certain district judges.
234 Recruitment of persons other than district judges to the judicial service.
235 Control over subordinate courts.
236 Interpretation.
237 Application of the provisions of this Chapter to certain class or classes of magistrates.

ART VIII: THE UNION TERRITORIES

239 Administration of Union territories.
239A Creation of local Legislatures or Council of Ministers or both for certain Union territories.
239AA Special provisions with respect to Delhi.
239AB Provision in case of failure of constitutional machinery.
239B Power of the administrator to promulgate Ordinances during recess of Legislature.
240 Power of President to make regulations for certain Union territories.
241 High Courts for Union territories.
242 [Repealed.]

PART IX: THE PANCHAYATS

243 Definitions.
243A Gram Sabha.
243B Constitution of Panchayats.
243C Composition of Panchayats.
243D Reservation of seats.
243E Duration of Panchayats, etc.
243F Disqualifications for membership.
243G Powers, authority and responsibilities of Panchayats.
243H Powers to impose taxes by, and Funds of, the Panchayats.
243-I Constitution of Finance Commission to review financial position.
243J Audit of accounts of Panchayats.
243K Elections to the Panchayats.
243L Application to Union territories.
243M Part not to apply to certain areas.
243N Continuance of existing laws and Panchayats.
243-O Bar to interference by courts in electoral matters.

PART IXA: THE MUNICIPALITIES

243P Definitions.
243Q Constitution of Municipalities.
243R Composition of Municipalities.
243S Constitution and composition of Wards Committees, etc.
243T Reservation of seats.
243U Duration of Municipalities, etc.
243V Disqualifications for membership.
243W Powers, authority and responsibilities of Municipalities, etc.
243X. Power to impose taxes by, and Funds of, the Municipalities.
243 Finance Commission.
243Z Audit of accounts of Municipalities.
243ZA Elections to the Municipalities.
243ZB Application to Union territories.
243ZC Part not to apply to certain areas.
243ZD Committee for district planning.
243ZE Committee for Metropolitan planning.
243ZF Continuance of existing laws and Municipalities.
243ZG Bar to interference by Courts in electoral matters.

PART X: THE SCHEDULED AND TRIBAL AREAS

244 Administration of Scheduled Areas and Tribal Areas.
244A Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.

PART XI: RELATIONS BETWEEN THE UNION AND THE STATES

CHAPTER I: LEGISLATIVE RELATIONS

Distribution of Legislative Powers

245 Extent of laws made by Parliament and by the Legislatures of States.
246 Subject-matter of laws made by Parliament and by the Legislatures of States.
246A Special provision with respect to goods and services tax.
247 Power of Parliament to provide for the establishment of certain additional courts.
248 Residuary powers of legislation.
249 Power of Parliament to legislate with respect to a matter in the State List in the national interest.
250 Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.
251 Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.
252 Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.
253 Legislation for giving effect to international agreements.
254 Inconsistency between laws made by Parliament and laws made by the Legislatures of States.
255 Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.

CHAPTER II : ADMINISTRATIVE RELATIONS

General

256 Obligation of States and the Union.
257 Control of the Union over States in certain cases.
257A [Repealed.]
258 Power of the Union to confer powers, etc., on States in certain cases.
258A Power of the States to entrust functions to the Union.
259 [Repealed.]
260 Jurisdiction of the Union in relation to territories outside India.
261 Public acts, records and judicial proceedings.
Disputes relating to Waters
262 Adjudication of disputes relating to waters of inter-State rivers or river valleys.
Co-ordination between States
263 Provisions with respect to an inter-State Council.

PART XII: FINANCE, PROPERTY, CONTRACTS AND SUITS

CHAPTER I: FINANCE

General
264 Interpretation.
265 Taxes not to be imposed save by authority of law.
266 Consolidated Funds and public accounts of India and of the States.
267 Contingency Fund.
Distribution of Revenues between the Union and the States
268 Duties levied by the Union but collected and appropriated by the State.
268A [Repealed.]
269 Taxes levied and collected by the Union but assigned to the States.
269A Levy and collection of goods and services tax in the course of inter-state trade or commerce.
270 Taxes levied and distributed between the Union and the States.
271 Surcharge on certain duties and taxes for purposes of the Union.
272 [Repealed.]
273 Grants in lieu of export duty on jute and jute products.
274 Prior recommendation of President required to Bills affecting taxation in which States are interested.
275 Grants from the Union to certain States.
276 Taxes on professions, trades, callings and employments.
277 Savings.
278 [Repealed.]
279 Calculation of “net proceeds”, etc.
279A Goods and Services Tax Council.
280 Finance Commission.
281 Recommendations of the Finance Commission.
Miscellaneous financial provisions
282 Expenditure defrayable by the Union or a State out of its revenues.
283 Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.
284 Custody of suitors’ deposits and other moneys received by public servants and courts.
285 Exemption of property of the Union from State taxation.
286 Restrictions as to imposition of tax on the sale or purchase of goods.
287 Exemption from taxes on electricity.
288 Exemption from taxation by States in respect of water or electricity in certain cases.
289 Exemption of property and income of a State from Union taxation.
290 Adjustment in respect of certain expenses and pensions.
290A Annual payment to certain Devaswom Funds.
291 [Repealed.]

CHAPTER II: BORROWING

292 Borrowing by the Government of India.
293 Borrowing by States.

CHAPTER III: PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS

294 Succession to property, assets, rights, liabilities and obligations in certain cases.
295 Succession to property, assets, rights, liabilities and obligations in other cases.
296 Property accruing by escheat or laps or as bona vacantia.
297 Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.
298 Power to carry on trade, etc.
299 Contracts.
300 Suits and proceedings.

CHAPTER IV: RIGHT TO PROPERTY

300A Persons not to be deprived of property save by authority of law.

PART XIII: TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA

301 Freedom of trade, commerce and intercourse.
302 Power of Parliament to impose restrictions on trade, commerce and intercourse.
303 Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.
304 Restrictions on trade, commerce and intercourse among States.
305 Saving of existing laws and laws providing for State monopolies.
306 [Repealed.]
307 Appointment of authority for carrying out the purposes of articles 301 to 304.

PART XIV: SERVICES UNDER THE UNION AND THE STATES

CHAPTER I: SERVICES

308 Interpretation.
309 Recruitment and conditions of service of persons serving the Union or a State.
310 Tenure of office of persons serving the Union or a State.
311 Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.
312 All-India services.
312A Power of Parliament to vary or revoke conditions of service of officers of certain services.
313 Transitional provisions.
314 [Repeated.]

CHAPTER II: PUBLIC SERVICE COMMISSIONS

315 Public Service Commissions for the Union and for the States.
316 Appointment and term of office of members.
317 Removal and suspension of a member of a Public Service Commission.
318 Power to make regulations as to conditions of service of members and staff of the Commission.
319 Prohibition as to the holding of offices by members of Commission on ceasing to be such members.
320 Functions of Public Service Commissions.
321 Power to extend functions of Public Service Commissions.
322 Expenses of Public Service Commissions.
323 Reports of Public Service Commissions.

PART XIVA: TRIBUNALS

323A Administrative tribunals.
323B Tribunals for other matters.

PART XV: ELECTIONS

324 Superintendence, direction and control of elections to be vested in an Election Commission.
325 No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.
326 Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
327 Power of Parliament to make provision with respect to elections to Legislatures.
328 Power of Legislature of a State to make provision with respect to elections to such Legislature.
329 Bar to interference by courts in electoral matters.
329A [Repealed.]

PART XVI: SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.
331 Representation of the Anglo-Indian community in the House of the People.
332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.
333 Representation of the Anglo-Indian community in the Legislative Assemblies of the States.
334 Reservation of seats and special representation to cease after sixty years.
335 Claims of Scheduled Castes and Scheduled Tribes to services and posts.
336 Special provision for Anglo-Indian community in certain services.
337 Special provision with respect to educational grants for the benefit of the Anglo-Indian Community.
338 National Commission for Scheduled Castes.
338A National Commission for Scheduled Tribes.
338A National Commission for Backward Classes.
339 Control of the Union over the Administration of Scheduled Areas and the welfare of Scheduled Tribes.
340 Appointment of a Commission to investigate the conditions of backward classes.
341 Scheduled Castes.
342 Scheduled Tribes.
342A Socially and educationally backward classes.

 

PART XVII: OFFICIAL LANGUAGE

CHAPTER I: LANGUAGE OF THE UNION

343 Official language of the Union.
344 Commission and Committee of Parliament on official language.

CHAPTER II: REGIONAL LANGUAGES

345 Official language or languages of a State.
346 Official language for communication between one State and another or between a State and the Union.
347 Special provision relating to language spoken by a section of the population of a State.

CHAPTER III: LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC.

348 Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
349 Special procedure for enactment of certain laws relating to language.

CHAPTER IV: SPECIAL DIRECTIVES

350 Language to be used in representations for redress of grievances.
350A Facilities for instruction in mother-tongue at the primary stage.
350B Special Officer for linguistic minorities.
351 Directive for development of the Hindi language.

PART XVIII: EMERGENCY PROVISIONS

352 Proclamation of Emergency.
353 Effect of Proclamation of Emergency.
354 Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.
355 Duty of the Union to protect States against external aggression and internal disturbance.
356 Provisions in case of failure of constitutional machinery in States.
357 Exercise of legislative powers under Proclamation issued under article 356.
358 Suspension of provisions of article 19 during emergencies.
359 Suspension of the enforcement of the rights conferred by Part III during emergencies.
359A [Repealed.]
360 Provisions as to financial emergency.

PART XIX: MISCELLANEOUS

361 Protection of President and Governors and Rajprakukhs.
361A Protection of publication of proceedings of Parliament and State Legislatures.
361B Disqualification for appointment on remunerative political post.
362 [Repealed.]
363 Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
363A Recognition granted to Rulers of Indian States to cease and privy purses to be abolished.
364 Special provisions as to major ports and aerodromes.
365 Effect of failure to comply with, or to give effect to, directions given by the Union.
366 Definitions.
367 Interpretation.

PART XX: AMENDMENT OF THE CONSTITUTION

368 Power of Parliament to amend the Constitution and procedure therefor.

PART XXI: TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

369 Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List.
370 Temporary provisions with respect to the State of Jammu and Kashmir.
371 Special provision with respect to the States of Maharashtra and Gujarat.
371A Special provision with respect to the State of Nagaland.
371B Special provision with respect to the State of Assam.
371C Special provision with respect to the State of Manipur.
371D Special provisions with respect to the State of Andhra Pradesh.
371E Establishment of Central University in Andhra Pradesh.
371F Special provisions with respect to the State of Sikkim.
371G Special provision with respect to the State of Mizoram.
371H Special provision with respect to the State of Arunachal Pradesh.
371-I Special provision with respect to the State of Goa.
371J Special provision with respect to the State of Karnataka.
372 Continuance in force of existing laws and their adaptation.
372A Power of the President to adapt laws.
373 Power of President to make order in respect of persons under preventive detention in certain cases.
374 Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council.
375 Courts, authorities and officers to continue to function subject to the provisions of the Constitution.
376 Provisions as to Judges of High Courts.
377 Provisions as to Comptroller and Auditor-General of India.
378 Provisions as to Public Service Commissions.
378A Special provision as to the duration of Andhra Pradesh Legislative Assembly.
379-391 [Repealed.]
392 Power of the President to remove difficulties.

PART XXII: SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS

393 Short title.
394 Commencement.
394A Authoritative text in the Hindi language.
395 Repeals.